S T A T E O F N E W Y O R K ________________________________________________________________________ 5683 2011-2012 Regular Sessions I N A S S E M B L Y February 25, 2011 ___________ Introduced by M. of A. GALEF -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to prohibiting the idling of motor vehicles left unattended THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 1210 of the vehicle and traffic law, subdivision 2 (a) as amended by chapter 350 of the laws of 1967, subdivision (b) as 3 amended by chapter 300 of the laws of 1960 and subdivision (c) as added 4 by chapter 572 of the laws of 1983, is amended to read as follows: 5 S 1210. [Unattended] IDLING motor vehicle LEFT UNATTENDED; PROHIBITED. 6 (a) No person driving or in charge of a motor vehicle shall permit it to 7 stand unattended without [first]: 8 1. stopping the engine[,]; 9 2. locking the ignition[,] AND removing the key from the vehicle[, 10 and]; 11 3. PLACING THE TRANSMISSION IN "PARK" OR THE GEARS IN "LOW" OR 12 "REVERSE" IF THE VEHICLE HAS A MANUAL SHIFT; AND 13 4. effectively setting the brake thereon [and, when standing upon any 14 grade, turning]. 15 (B) A PERSON SHALL TURN the front wheels to the curb or side of the 16 highway[, provided, however, the provision for removing the key from the 17 vehicle shall not require the removal of keys hidden from sight about 18 the vehicle for convenience or emergency] WHEN STANDING A VEHICLE ON ANY 19 PERCEPTIBLE GRADE. 20 [(b)] (C) THE FOLLOWING SHALL BE EXEMPT FROM THE PROVISIONS OF SUBDI- 21 VISIONS (A) AND (B) OF THIS SECTION: 22 1. EMERGENCY OR LAW ENFORCEMENT PURPOSES; 23 2. MAINTENANCE, DIAGNOSTICS, INSPECTION; 24 3. POWERING AUXILIARY EQUIPMENT; 25 4. RECHARGING ELECTRIC AND HYBRID VEHICLES; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02184-01-1 A. 5683 2 1 5. SNOW REMOVAL; 2 6. WEATHER CONDITIONS OF LESS THAN TWENTY DEGREES FAHRENHEIT FOR MORE 3 THAN TWENTY-FOUR CONSECUTIVE HOURS; 4 7. WITHIN MINES OR QUARRIES; 5 8. FARM VEHICLES; OR 6 9. REMOTE STARTERS. 7 (D) A driver may, for the purpose of getting away from the place of 8 standing, move another vehicle which is so placed he cannot get his 9 vehicle out; provided, however, that immediately thereafter he shall 10 reset the brake and, if on a grade, turn the front wheels to the curb or 11 side of the highway. This privilege is subject to the limitation set 12 forth in subdivision [(e)] (C) of section twelve hundred two OF THIS 13 TITLE. 14 [(c)] (E) Towing agencies, which remove vehicles unlawfully parked on 15 private property at request of the owner of the premises and without the 16 written consent of the owner of the vehicle, shall immediately notify 17 the local police station house having jurisdiction over the area where 18 such vehicle was unlawfully parked, of the description of the car which 19 was removed, and the time of removal. 20 (F) PERSONS FOUND VIOLATING THE PROVISIONS OF SUBDIVISIONS (A) AND (B) 21 OF THIS SECTION SHALL BE SUBJECT TO A FINE OF FIFTY DOLLARS FOR THE 22 FIRST OFFENSE AND FOR SUBSEQUENT OFFENSES THE FINE SHALL NOT EXCEED TWO 23 HUNDRED FIFTY DOLLARS AND/OR SHALL NOT EXCEED NINETY DAYS OF IMPRISON- 24 MENT. 25 S 2. This act shall take effect on the ninetieth day after it shall 26 have become a law.